Unwarranted Court Ordered
Medication: A Call to Action
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James B. Gottstein, Esq.
Law Project for Psychiatric Rights |
Jim Gottstein
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Attorney- Consumer/Survivor |
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http://akmhcweb.org/recovery/jgrec.htm |
Floats
Cabin
Bald Mountain
Red Shirt
The Widespread Damage
Caused by Medically Unwarranted Forced Medication Must Be Stopped
Does Not Address:
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Criminalization |
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Other Drug Coercion |
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Rest of Coercive System |
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Discrimination |
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Stigma |
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Etc. |
To Succeed You Need Both:
The Legal Standards:
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Involuntary Commitment |
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Forced Medication |
Involuntary Commitment
Standards
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1.
Mentally Ill, |
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and |
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2.
A Danger to Self or Others, or, (in Some States) |
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3.
Gravely Disabled (not sanctioned by US Supreme Court) |
Forced Medication
Standards
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State Laws define Federal Rights |
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“Professional Judgment” |
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"Yikes,"
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Yikes, but |
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They don’t have the science |
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They are not truthful |
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They are not used to a vigorous legal
attack |
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Need to Explain |
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JG’s sole involuntary Med Proceeding |
Call to Action:
The Proposal
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Organization |
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The Manual |
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Expert Witness $$$ |
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Develop Law Through Selective Appeals |
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Associated Public Relations Campaign |
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Organization
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Consumer Directed |
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No Gummint Money |
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Volunteers mostly |
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Including pro bono lawyers |
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NARPA seems like a good fit to do
organizing work |
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People in every state |
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Law Project for Psychiatric Rights is a
Possibility |
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But no organized network |
The Manual
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A Guide for Attorneys |
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Research (Legal and Medical) |
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Canned Briefs |
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Canned Sworn Expert Reports |
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Drug by Drug |
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Fraudulent Science |
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Model Cross-Examinations |
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Perlin |
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Suggested Strategies |
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Expert Depositions of all adverse
witnesses |
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Public Hearings |
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Separate Commitment from Medication
Proceeding |
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Suppress pre-admittance information |
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Etc. |
Expert Witnesses
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Absolutely Critical |
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The main thing that can’t be done
mostly volunteer. |
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Need Substantial $$$$ |
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Develop a List |
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State by State/City by City |
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Sworn Expert Report |
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e.g. research è 3 weeks
before meds |
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(attorney may be able to get some time) |
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Drug by Drug |
Develop Law Through
Appeals
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Brick by Brick |
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Good Facts |
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I am not an Expert on This, but |
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Need Good Facts |
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Bad Facts Are Death to the Effort |
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Perlin and Stefan Are Experts |
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No Law in Alaska (Clean Slate) |
Public Relations
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Historic Opportunity |
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Mad in America |
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Bill Moyers: Science for Sale |
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The Fraudulent Science is Now Known |
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Mad in America (and many others) |
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The Damage Has Been Documented |
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Private Firms Can/Will do this for $$$ |
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Class Actions Bad |
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Going After Greed and Corruption is the
Current Fad |
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Otherwise, System is What Public Wants |
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Specific PR Steps
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Counter Every Psycho-Pharmaceutical
Complex Claim |
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Talk Shows |
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News Shows |
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Develop Relationships |
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Develop Scandal Stories |
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Etc. |
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i.e., Serious Public Relations Effort |
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Dress Up (Look Good) |
Legislative Work
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Congress |
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535 Copies of Mad in America |
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Identify People Who Have (good)
Relationships With Members |
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Barney Frank |
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Tom Lantos |
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State Legislatures |
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Same Thing |
Carpe Diem
Thank You For Coming